PREM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) REPLY /affidavit filed by the State is taken on record.

(2.) PETITIONER has prayed for the following reliefs: - (i) A writ in the nature of certiorari may very kindly be issued and impugned Annexure P - 6 dated 6.1.2010 and Annexure P -9 dated 26.4.2011 may very kindly be quashed and set aside. (ii) That a writ in the nature of mandamus may very kindly be issued directing the respondents to promote the present petitioner to the post of Principal w.e.f. the year 2001 with all consequential benefits of pay, arrears, seniority etc. etc. (iii) The respondents may very kindly be ordered to be directed to produce the entire record pertaining to the present case before this Hon 'ble Court for the kind perusal of this Hon 'ble Court. (iv) Or any other relief as this Hon 'ble Court deems fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioner and against the respondents in the interest of justice and fair play.

(3.) THE same pertained to the following two charges: - Article of charge -I That Sh. Prem Lal Thakur Lect. while functioning as Offig. Principal in GSSS Bathri, Distt. Chamba has reportedly misused the DDO Powers and harassed Smt. Kiran Mala, Contract Lecturer, Sh. Ramesh Kumar peon and other staff on the said institution etc. Then the said Sh. Prem Lal Thakur, Offig. Principal has violated the Provisions of the 3(1) ii and iii of CCS Conduct Rule 1964. Article of Charge -II: That the said Sh. Prem Lal Thakur while functioning as Offig. Principal has done prima facie embezzlement/misappropriation of Public Money of Rs. 28000/ - out of the school Building fund Rs. 2570/ - out of Scout and Guide fund on 17.10.2002 and 22.10.2002 in the said institution. Whereas regular Principal had already joined on 11.10.2002 in the said institution and ceased to be the DDO from 11.10.2002 onwards. Moreover, no formalities were completed by him for carrying out the ceiling works of School Building. It is suspected that the amount withdrawn out of the above funds was used by him for the vested interest. The following witness have been examined in order to substantiate these charges against Sh. Prem Lal Thakur.